Privacy in the United States
Civil Rights and Civil Liberties Civil Rights and Civil Liberties in the United States Privacy
A constitutional right of privacy, drawn from the Bill of Rights provisions protecting the security of home and person, as well as freedom of association, was first recognized by the Supreme Court in 1965. In Griswold v. Connecticut the Court struck down a state law that prohibited the use of contraceptives by a married couple. The decision was later extended to protect the rights of single persons and, in the Roe v. Wade decision of 1973, the right of women to abort an unwanted pregnancy. In 1980, however, the Court refused to apply this ruling to require the federal government to bear the cost of abortions for women who could not afford them. Efforts to reverse Roe v. Wade judicially or by constitutional amendment were unsuccessful. A divided Supreme Court in 1992 reaffirmed the core holding of Roe while further limiting its scope.
Other test cases of rights of privacy during this period concerned wiretapping and eavesdropping on private conversations, widespread dissemination of personal information through computers, access to information in government files, and the use without consent of pictures and names of celebrities. Although the courts have given some protection to privacy, the limitations have been relatively minor. For example, the Supreme Court ruled in 2000 that Congress could prohibit states from selling personal information on state drivers’ licenses and motor-vehicle registration records. Additional protection has resulted from legislative enactments such as the federal Privacy Act of 1974 and various state statutes.
The Patriot Act, antiterrorism legislation passed in the aftermath of the September 11 attacks, significantly expanded the federal government’s surveillance powers. Federal agents were given greater authority to wiretap telephones, to monitor e-mail and Internet use, and to secretly search a suspect’s home or office. These powers were further widened by the Intelligence Reform and Terrorism Prevention Act of 2004, which authorized the sharing of personal information from public and private databases. Civil liberties advocates warned that this provision had the potential to lead to unchecked data surveillance, but supporters of the law said adequate safeguards were in place to protect privacy. See also Surveillance, Electronic.
Civil liberties advocates were again concerned when it was revealed in December 2005 that President George W. Bush had signed a presidential order in 2002 authorizing the National Security Agency to eavesdrop without judicial warrants on the overseas electronic communications of U.S. citizens and foreign nationals in the United States. Many legal experts believed the order violated the 1978 Foreign Intelligence Surveillance Act (FISA), which set up a special court to hear government requests for domestic wiretaps of U.S. citizens or foreign nationals in investigations involving espionage. Although the Patriot Act further amended FISA by lowering the standard for court-approved eavesdropping to include possible terrorists linked to foreign intelligence services, it still required approval by the FISA special court for wiretapping. FISA was enacted in response to abuses by the Federal Bureau of Investigation and the Central Intelligence Agency, which were found to have wiretapped individuals and organizations engaged in civil rights and anti-Vietnam War protests and other First Amendment-protected activities during the 1960s and 1970s. To prevent abuses, FISA prohibited any electronic surveillance not authorized by the special court.
In hearings before the U.S. Congress, Attorney General Alberto Gonzales aggressively countered the claim that the NSA wiretapping was illegal, citing Bush’s authority as commander in chief. Gonzales said the program’s legality was also established by a congressional resolution, the 2001 Authorization for Use of Military Force, which authorized the president to use “all necessary and appropriate force” to prevent future acts of terrorism. Many members of Congress, however, said the resolution had nothing to do with warrantless electronic surveillance. The conflict raised serious questions not only about privacy but also about the limits of presidential power and the system of checks and balances during wartime. See also Signing Statement. (1)
In this Section about Civil Rights and Civil Liberties: Civil Rights and Civil Liberties, Religious Freedom, Freedom of Speech, Press and Assembly, Criminal Trials and Due Process of Law, War on Terror, Privacy, Minority Rights Civil Rights for Blacks, Affirmative Action, Civil Rights for Hispanics and Asian Americans, Rights of Women and Minorities. For an overview of Civil Rights and Civil Liberties in the world, read here.
Concept of Privacy in relation to Safe Place
Definition of Privacy in this context: Freedom from unauthorized intrusion; a person’s right to control his or her own story and personal information.
Concept of Privacy in Political Science
The following is a very basic definition of Privacy in relation to the election system and the U.S Congress: Being alone, where no one can observe you
Privacy
Overview of Privacy in relation to cyber crime: [1] Threats to privacy are becoming an increasingly serious issue because detailed records of computerized device usage are also increasingly being stored online. For example, property records, residential and business addresses, voter lists, and court documents are being digitized in greater numbers by local and state governments and then made available as public records on the Internet. The online storage of emails, photos, banking and financial information, Social Security numbers, and many other types of information has also increased substantially. However, the information is not always stored in secure locations.
Privacy (Communications Law)
This section introduces, discusses and describes the basics of privacy. Then, cross references and a brief overview about Communications Lawin relation to privacy is provided. Note that a list of bibliography resources and other aids appears at the end of this entry.
Finding the law: Privacy in the U.S. Code
A collection of general and permanent laws relating to privacy, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines privacy topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.
Privacy in relation with Financial Law
This section convey specific aspects of Privacy covered in connexion with financial law and banking / lending Institutions.
Privacy
In Legislation
Privacy in the U.S. Code: Title 15, Chapter 94
The current, permanent, in-force federal laws regulating privacy are compiled in the United States Code under Title 15, Chapter 94. It constitutes “prima facie” evidence of statutes relating to Trade Law (including privacy) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Privacy of the US Code, including privacy) by chapter and subchapter.
Privacy
In Legislation
Privacy in the U.S. Code: Title 18, Part I, Chapter 88
The current, permanent, in-force federal laws regulating privacy are compiled in the United States Code under Title 18, Part I, Chapter 88. It constitutes “prima facie” evidence of statutes relating to Crimes and Criminal Law (including privacy) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Privacy of the US Code, including privacy) by chapter and subchapter.
Resources
Notes and References
- By James P. Colt
See Also
- Types of Cybercrime
- Cybercriminal
Further Reading
Brodkin, J. (2007). ChoicePoint details data breach lessons. PCWorld Web page: http://www.pcworld.com/printable/article/id,132795/printable.html; Collier, B.P. (2007). Privacy on the Internet: What is reasonable in a wired world? The Practical Lawyer, 10, 17–23; Honeycutt, J. (2004). How to protect your computer from spyware and adware. Microsoft Web page: http://www.microsoft.com/ windowsxp/using/security/expert/honeycutt_spyware.mspx; Larkin, E. (2006, June). New privacy threats. PCWorld, 24(6), 20–22;McQuade, S.C. (2006). Privacy infringement, In Understanding and managing cybercrime (pp. 247–264). Boston: Allyn & Bacon; Privacy International. (2007). A Race to the bottom—Privacy ranking of Internet services. Privacy International Web page: http://www.privacyinternational.org/ article.shtml?cmd%5B347%5D=x-347-553961; SearchCRM.com. Web page: http:// searchsecurity.techtarget.com/; Simpson, M.D. (2007, April). Savaged in cyberspace. NEA Today, 25(7), 23; Totty, M. (2007, January 29). Technology (a special report): How to protect your private information: Your life is an open book; it doesn’t have to be. Wall Street Journal, 01, 1–5; Willard, N. (2006). Cyberbullying and cyberthreats: Responding to the challenge of online social cruelty, threats, and distress. Eugene, OR: Center for Safe and Responsible Internet Use.
Resources
Notes and References
See Also
Privacy and the First Amendment
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled PRIVACY AND THE FIRST AMENDMENTWilliam L. Prosser has listed four categories of invasion of privacy: intrusion upon the plaintiff’s seclusion or solitude, or into his private affairs; public disclosure of embarrassing private facts about the plaintiff; publicity which places the plaintiff in a
(read more about Constitutional law entries here).
Dna Testing and Genetic Privacy
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled DNA TESTING AND GENETIC PRIVACYConstitutional right of privacy issues in the context of genetic testing may arise as federal, state, and local governments engage in the collection of DNA samples for DNA identification testing. These tests produce patterns of DNA banding that are highly specific to
(read more about Constitutional law entries here).
Concept of Privacy in relation to Safe Place
Definition of Privacy in this context: Freedom from unauthorized intrusion; a person’s right to control his or her own story and personal information.
Concept of Privacy in Political Science
The following is a very basic definition of Privacy in relation to the election system and the U.S Congress: Being alone, where no one can observe you
Resources
Further Reading
- Information about Privacy in the Gale Encyclopedia of American Law.
Privacy, Sexual Behaviour and the Law
Further Reading
Privacy , Sexual Behaviour and the Law
Further Reading
Privacy meaning
The notion that the individual has a legal right to be let alone. See: Right to Privacy
Privacy on the Internet and the E-Commerce Law
Privacy on the Internet and the Legal Aspects of E-Commerce
Concept of Privacy in relation to Safe Place
Definition of Privacy in this context: Freedom from unauthorized intrusion; a person’s right to control his or her own story and personal information.
Concept of Privacy in Political Science
The following is a very basic definition of Privacy in relation to the election system and the U.S Congress: Being alone, where no one can observe you
Resources
See Also
- PPC Advertising
- Social Networking
- Spam
- Startups
- Internet Tax
- Technology Law
- Terms of Use
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